Legal notice Data according to § 5 TMG (German law): Operator and Contact LimeSurvey GmbH Survey Services & Consulting Papenreye 63 22453 Hamburg / Germany Phone: +49 40 22660066 (Only for presale questions - Paid phone support is only available on request) E-mail: Tato e-mailová adresa je chráněna před spamboty. Pro její zobrazení musíte mít povolen Javascript. E-mail (Support): Tato e-mailová adresa je chráněna před spamboty. Pro její zobrazení musíte mít povolen Javascript. Representation LimeSurvey GmbH is represented by Jory Nagel Register: Handelsregister Hamburg Register court: Amtsgericht Hamburg Register-ID: HRB 137625 VAT-ID: DE301233134 Responsible regarding §55 para. 2 RStV: Jory Nagel Online dispute resolution according to Art. 14 para. 1 ODR-VO: The European Commission offers a platform for Online Dispute Resolution, which you can find under http://ec.europa.eu/consumers/odr/.We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body. Disclaimer Liability for contents The contents of this website have been created with the greatest care. However, LimeSurvey cannot assume any liability for the correctness, completeness and topicality of the contents. As a service provider, we are responsible for our own content on these pages in accordance with § 7 Section 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we are not obliged as service providers to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a concrete violation of the law. If we become aware of such infringements, we will remove these contents immediately. Liability for links The offer of LimeSurvey contains links to external websites of third parties, on whose contents I have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal infringements at the time of linking. Illegal contents were not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is unreasonable without concrete evidence of a violation of the law. If we become aware of any such infringements, we will remove such links immediately. Copyright The contents and works created by LimeSurvey on these pages are subject to German copyright law. Duplication, editing, distribution and any kind of use outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. As far as the contents on this site were not created by the operator, the copyrights of third parties are respected. In particular, the contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. I will immediately remove such contents as soon as I become aware of a violation of the law. Picture source references On our domains www.limesurvey.org and community.limesurvey.org, we use images from Adobe Stock and Unsplash: Adobe Stock washing-hands: ©Sandor Jackal young-man-wearing-headphones-using-laptop: ©Westend61 students-education-social-media-laptop-tablet: ©ibravery businesswoman-using-digital-tablet-in-office: ©Stocksy portrait-of-confident-businesswoman-in-office: ©Stocksy portrait-of-female-teacher-holding-digital-tablet-teaching-line-of-high-school-students-sitting-by-screens-in-computer-class: ©Monkey Business relaxed-young-woman-leaning-against-a-white-wall: ©contrastwerkstatt Young woman standing watching to the side: ©contrastwerkstatt close-up-of-unrecognizable-man-paying-via-smartwatch-while-grocery-shopping-at-farmers-market-copy-space: ©Seventyfour portrait-of-contemporary-young-couple-pushing-shopping-cart-while-buying-groceries-in-supermarket-copy-space: ©Seventyfour young-woman-with-smartphone-and-coffee-in-the-city-at-night: ©pikselstock young-woman-with-smartphone-and-coffee-in-the-city-at-night: ©pikselstock knowledge-day-academic-success-is-much-more-about-hard-work-than-inborn-talent-school-concept-education-good-teachers-enjoy-teaching-teacher-is-skilled-leader: ©Volodymyr businesswomen-having-a-meeting-and-taking-notes-in-office: ©Westend61 Unsplash Group-with-laptops-in-learningroom: ©Priscilla Du Preez

General Terms and Conditions of Business and Use (GTCs) As of 14 May 2024 § 1 Provider of the service, general information, definitions 1.1 Service Provider The Provider of the services described below is LimeSurvey GmbH Papenreye 63 22453 Hamburg Managing Directors: Jory Nagel, Carsten Schmitz Phone: +49 40 22660066 (No Support – Paid telephone support on request) Email: Tato e-mailová adresa je chráněna před spamboty. Pro její zobrazení musíte mít povolen Javascript. Registered in the Hamburg Commercial Register Register court: Hamburg District Court Register number: HRB 13762 VAT ID pursuant to § 27 a VAT Act (UStG): DE301233134 (hereinafter referred to as the "Provider"). 1.2 Offer, services, miscellaneous The Provider operates various free and fee-based services in connection with online surveys (together "Services") on the Internet under the domain limesurvey.org and its subdomains (together "Website"). In detail: a. Customers Customers are natural persons or companies who have concluded a Contract with the Provider for the use of the services (hereinafter: "Customer"). b. Free offer LimeSurvey Community Edition As part of the offer, the Provider offers the customer the LimeSurvey Community Edition software licensed under the GNU General Public Licence, Version 2, (GPL) for conducting online surveys for download free of charge and exclusively on the customer's own responsibility. The terms of use of the GPL can be viewed here and must be accepted upon the start of use. The Provider does not grant the customer any rights beyond the terms of use of the GPL through the use/provision of the software. After registration, the Provider shall also provide the Customer with an online forum, online documentation, a website for recording and processing error reports and feature requests and a website for translating LimeSurvey into other languages free of charge, subject to § 4. c. Paid services ComfortUpdate LimeSurvey Extension After registration and ordering, the ComfortUpdate LimeSurvey Extension packages offer the Customer, among other things, the option of a convenient "ComfortUpdate" update retrieval for the LimeSurvey Community Edition software hosted by the Customer. For this purpose, the Provider shall provide the Customer with an update script which, after activation by the Customer, triggers a backup of the data in the Customer's system and performs the update, along with granting access to an old version of this software that has been corrected by the Provider for critical errors. Rights to this are granted to the customer under the GPL licence named and linked under a.).In addition to a free trial version for 1 month, various other fee-based service packages with a certain automatically extending Contract term are available, each containing a certain maximum number of included update services. Details of the service packages are shown on the website. LimeSurvey Cloud After registration and ordering, the LimeSurvey Cloud service allows the customer to create, manage and analyse surveys directly online. Participants invited by the customer will take part in these surveys. The service can be used free of charge up to a certain usage volume and a certain range of functions as shown on the website (package name: "FREE"). In addition, the customer can order one of several fee-based service packages over and above a certain usage volume and a certain range of functions with a certain automatically extending Contract term. Details of the service packages are shown on the website. The Provider may, at its own discretion, make a chargeable service package available to the Customer free of charge for a specified period of time for trial purposes ("TRIAL VERSION"). LimeStore Registered Customers have the option of obtaining software extensions ("LimeSurvey Extension/Extensions") in digital form via an online shop offered by the Provider (hereinafter "LimeStore") in order to use extended features in the Provider's services. The details, in particular the technical requirements, are specified in the respective LimeSurvey Extension. A distinction must be made between the following LimeSurvey Extensions: - LimeSurvey Extensions that are subject to the GNU General Public Licence, Version 2, (GPL), as specified here ("GPL LimeSurvey Extension") - LimeSurvey Extensions offered under a permanent or temporary proprietary standard licence. With the exception of the limited standard licence (see § 7, section 7.4), updates to the relevant LimeSurvey extension are only available if they are included for the specified period. This does not affect any rights in the event of defects (errors) (see § 8). After successfully placing the order, the Customer shall receive the data for download from the Provider's website and must install and commission it themselves. In the case of LimeSurvey Cloud, the LimeSurvey extension shall be installed by the Provider after the order is placed and its functionality shall be made available as a service. The Provider is authorised to refuse installation if the extension cannot be installed for technical reasons or if there are other reasons that do not allow installation in the specific case. In that case, the Customer will not incur any costs. LimeSurvey Extension Update/Support Packages Irrespective of the error correction in accordance with § 8, in the case of the GPL LimeSurvey Extension or the permanent standard licence, the Customer can book a LimeSurvey Extension update/support package for the respective LimeSurvey Extension with an automatically extending Contract term for a fee or extend it in the case of initially included update/support services. Updates to the LimeSurvey extension published by the respective developer and any support shall be available to the Customer for the specified term. The details can be found in the information on the respective LimeSurvey extension. d. Validity of these GTCs; Contract language These terms and conditions apply to all existing business relationships in relation to the services mentioned here. They apply to all services within the range of services and apply in the version valid at the time of registration or ordering. Deviating terms and conditions of the Customer shall not be recognised by the Provider, unless individually agreed otherwise. If the Customer orders from the English-language website, these GTCs are also available in English for information purposes. In the event of contradictions, ambiguities or disputes, the German version of these GTCs shall take precedence. e. General The offer is only directed at Customers with full legal capacity or who are effectively represented. By placing an order, the Customer confirms that it has the necessary authorisation and ability to place the order. § 2 Conclusion of the Contract, registration, ordering 2.1 Conclusion of Contract The Contract between the Provider and the Customer for the use of the respective services is concluded when the Customer registers on the Provider's website and may be supplemented by an order for services placed by the Customer. 2.2 Registration In order to use the full range of features available on the Provider's website, registration is required by entering a user name and password chosen by the Customer, along with an email address. The Customer warrants that the information it has provided in connection with the registration is correct. The Customer shall inform the Provider immediately of any changes to the required data by changing the relevant fields in its user account. 2.3 Ordering free services on the website In the case of the ComfortUpdate LimeSurvey Extension test package or LimeSurvey Cloud "FREE", the order is placed by the Customer registering or, in the case of prior registration, logging in and making the appropriate selection. The Customer then receives a test licence key for ComfortUpdate LimeSurvey Extension in its user account or an activation for LimeSurvey Cloud "FREE". The LimeSurvey ComfortUpdate LimeSurvey Extension trial package runs for one month from the provision of the licence key and expires automatically. 2.4 Ordering paid services on the website The registered and logged-in Customer can place a binding order for fee-based services, LimeSurvey extensions and any LimeSurvey extension update/support packages by clicking on "Buy now" in the online order form on the Provider's website. The scope of services and details of the order are clearly displayed to the Customer during the online ordering process. The Customer will receive an automated order confirmation by email. 2.5 Email orders Orders can also be placed on request via remote communication (email) in individual cases. The Provider is authorised to charge a flat-rate fee for this after the Customer has been informed of it. 2.6 Conclusion of the Contract The Contract for LimeSurvey ComfortUpdate, LimeSurvey Extension Packages, LimeSurvey Cloud or a LimeSurvey Extension is concluded immediately after successful payment by the Customer or – if enabled by the Provider – immediately upon payment on account. The Customer will then receive a confirmation email. The selected term of the package shall begin once it is enabled by the Provider. Otherwise, the Contract shall be concluded once it is enabled by the Provider. 2.7 Range of services The range of services is based on the offer the Customer has selected and can be viewed online at any time. 2.8 Storage option and access to Contract text 2.8.1 The Customer can view the GTCs on the website. The Customer can also print or save this document by using the usual browser function. The Customer can also archive the data of any order by either saving the GTCs and saving the data summarised on the last page using its browser functions during the online ordering process, or by waiting for the automatic confirmation of order receipt by email. This email will once again contain the order data and the Provider's GTCs. 2.8.2 The order data is stored by the Provider, but cannot be accessed directly by the Customer for security reasons. The Provider offers each registered Customer a password-protected user account. In this account, the Customer can view data on completed and open orders and invoices and manage and save its address data, any payment data, and any newsletter. § 3 Prices, price changes, payment methods and conditions 3.1 Prices The prices of the paid services are based on the respective information provided when the order is placed and are valid for the respective Contract term (§ 4). All prices on the website include the applicable value added tax, unless - the Provider has given different information on the website for entrepreneurs pursuant to the Price Indication Ordinance (PAngV); - the Customer has identified themself as a company from the EU (except Germany) with a valid VAT ID; or - the Customer is not a tax resident in the EU. 3.2 Price changes 3.2.1 In the event of automatic renewal of the Contract term, the previously agreed price shall apply with the proviso that the Provider is entitled to adjust the respective prices to changing market conditions for ongoing services on a quarterly basis, in the event of significant changes in procurement costs, and to changes in VAT or procurement prices. In the event of price increases that significantly exceed the regular increase in the cost of living, the Customer shall be entitled to terminate the Contract. In such cases, the Provider shall inform the Customer in advance in text form. 3.2.2 Otherwise, price changes for future separate orders are possible at any time and will be displayed on the website and/or when the order is placed. 3.3 Payment methods and conditions 3.3.1 Payment for paid services is made in advance in full for the entire term of the Contract. The Customer agrees that the payment method last selected or currently stored in the account shall be utilised by the Provider within 14 days at the beginning of the new Contract term after invoicing if the paid service is extended. 3.3.2 The generally accepted payment methods are shown on the website (www.limesurvey.org/de/preise) and are determined in individual cases according to the online order form on the website during the order process. Payment on account requires prior authorisation by the Provider. In this case, payments must be made within 14 days of invoicing. The Provider is free to offer payment on account. 3.3.3 The Provider has the right to block the Customer's access to the respective service in the event of a significant delay in payment of at least one month from the due date until the outstanding claims have been settled. 3.3.4 The Customer agrees that all contractual communication shall, as far as legally permissible, be handled exclusively in electronic form. § 4 Contract term, cancellation 4.1 The duration of the Contract specified at the time of ordering shall apply from the time the Contract is concluded. 4.2 In the case of automatically renewing, fee-based service packages, the Customer can directly cancel at the end of the respective Contract term on the Provider's website by accessing the corresponding function in its user account and clicking on the online cancellation button, or in text form with a notice period of two weeks before the end of the Contract term. If the customer does not cancel, the selected fee-based service package will be extended as follows: 4.2.1 For consumer Contracts, i.e., Contracts concluded by a natural person for purposes that can predominantly be attributed neither to its commercial nor its self-employed professional activity (§ 13 of the Civil Code (BGB)), which were concluded from 01/03/2022, the selected paid service package shall be extended for an indefinite period. In these cases, both the Provider and the consumer have the right to terminate the Contract at any time with one month's notice. 4.2.2 For consumer Contracts concluded before 01/03/2022, the selected fee-based service package will be extended by a further year. 4.2.3 For all other Contracts, the Contract shall be extended by the agreed Contract term. 4.2.4 Any cancellation will be confirmed by the Provider electronically in text form without delay. 4.3 In the case of LimeSurvey Cloud, the paid service package shall be downgraded to the free package ("FREE") when the Customer's cancellation takes effect. If the free package ("FREE") of LimeSurvey Cloud is not used for a period of four months, the user account will be deactivated. After 24 unused months, the Customer's user account, including all stored data, will be deleted four weeks beforehand after notification by email. 4.4 Free services can be cancelled by the Provider at any time with one month's notice. The Customer can cancel at any time with effect from the next business day. 4.5 The Provider may discontinue its services at any time after giving two months' notice in text form. Payments made in advance will be refunded on a pro rata basis to the extent that the services have not yet been utilised. 4.6 The Provider and the Customer may terminate the agreed services for good cause. § 314 BGB applies to the prerequisites. Good cause on the part of the Provider shall be deemed to exist in particular in the event of a breach of the provisions mentioned in § 4.7 and § 5 of these GTCs. 4.7 If the Customer is in arrears with a payment, the Provider may set the Customer a reasonable deadline for payment. If the Customer does not pay within this period, the Provider may terminate the Contract with the Customer without notice. Any existing payment claims against the Customer shall remain unaffected in the event of cancellation. 4.8 The Provider is both obliged and authorised to update the software on a regular basis. In the event of major version jumps that are not fully backwards compatible and therefore require updates of components/data by the Customer, the Provider shall inform the Customer of this at least two months before the update. § 5 Duties of the customer, obligations, advertising 5.1 The Customer is obliged to fill in all the fields provided in the registration form truthfully and correctly. 5.2 Multiple registrations are generally not permitted.Registration in the name of third parties is also prohibited. 5.3 The Customer is obliged to keep its access data and passwords secret and not to pass them on to third parties. Passwords must consist of at least 8 characters with upper and lower case letters and numbers. If third parties gain knowledge of the access data and/or passwords, the Provider must be informed immediately and the access data must be changed by the Customer. 5.4 The Customer must keep the information pertaining to the Contract (e.g., name, address, email), which is stored in the user account, up to date at all times. A corresponding configuration menu is available to the Customer in its user account for this purpose. 5.5 The Customer undertakes to use the Provider's services in a contractually compliant and lawful manner. The Customer is not authorised to misuse them, which is particularly the case if resources are used excessively and/or the service is checked for vulnerabilities/errors and/or the invitation system is used for email advertising and/or the service is disrupted for other customers and/or for purposes other than those for which it is intended, i.e., not for survey purposes. The Customer warrants not to disseminate any criminally relevant content within the scope of use and not to violate any other third-party rights (in particular industrial property rights), competition law and general personal rights, as well as data protection regulations. In particular, the dissemination of content harmful to minors, child pornography, as well as extremist and racist content is prohibited. In addition, forum posts, organiser mails or statements in the chat that are not aimed at the private, individual exchange of opinions, such as commercial advertising for one's own purposes or for third parties, paid service telephone numbers, junk mail, spam, chain letters, and snowball system mail, are prohibited. The Customer warrants that recipients of email communication sent by the Customer from LimeSurvey Cloud (e.g., invitations to surveys) have consented to receiving this communication in advance. In the context of LimeSurvey Cloud surveys, the Customer shall also bear sole responsibility for the content or parts thereof published on the Internet by its participants in surveys or submitted to the Provider for publication. The Customer must comply with the statutory provisions applicable to the publication of content and/or the access/transfer of content to the Provider for publication, in particular data protection regulations, the personal rights of participants, the laws applicable in Germany and worldwide for the protection of children and young people and authors and for protection against terrorism and violence. The Customer is responsible for compliance with the provisions applicable in Germany for electronic business transactions. 5.6 With regard to LimeSurvey Extensions downloaded from the Provider, the Customer must take suitable measures to protect them from access by unauthorised third parties, in particular to store all copies of the software in a protected location. 5.7 The Customer shall indemnify the Provider against all third-party claims and demands arising from the infringement of third-party rights in connection with the use of the Provider's services attributable to the Customer. This specifically includes the obligation to indemnify the Provider against claims for injunctive relief and claims for damages or reimbursement of expenses by third parties as well as against all costs of legal action in the statutory amount (e.g., court and lawyer's fees) or to indemnify the Provider upon first request. The Customer is obliged at all times to back up its data independently. The Customer is responsible for carrying out (at least) one additional external data backup before performing any updates as part of the LimeSurvey ComfortUpdate LimeSurvey Extension. This is intended in particular to prevent any loss of data as a result of the update, especially in the event of malfunctions caused by the update script. 5.9 The Provider is authorised to display its own advertisements and advertisements from third parties in surveys as part of the free service. 5.10 If the Customer materially breaches one of the aforementioned obligations, the Provider has the right to limit or block the functions of the user account or the services made available to the Customer at the Customer's expense at its own discretion, provided that blocking does not appear disproportionate in the individual case due to the lack of materiality and scope of the breach. Claims for reimbursement or compensation by the Customer are excluded. § 6 Availability of the services 6.1 In the case of paid services, the Provider shall make reasonable efforts to ensure an availability of 99%, calculated per individual month during the term of the Contract, whereby the exceptions set out in this § 6 must be observed. In the case of LimeSurvey ComfortUpdate Extension, this applies to the provision of the latest published update. No guarantee is given in this respect. 6.2 The Provider shall take reasonable, technically feasible and state-of-the-art measures in proportion to the effort required to ensure the availability of the service. The Customer must counteract the risk of data loss during and as a result of system failures by making its own data backups (§ 5). The Provider shall only be liable in the event of and as a result of system failures insofar as it can be proven to be at fault (§ 9). 6.3 Furthermore, the Provider accepts no responsibility for ensuring that the services offered can be utilised by Customers at all times and/or without interruption. 6.4. The services offered are subject to technical limits, in particular the excessive and excessive use of the services by an excessive number of simultaneous users can negatively affect their performance and slow down or suspend the services. The technical limits are based on a load index, which depends in particular on the current main load and its originator. The general response time of users and the number of currently running processes are also included in the load index. The Provider has no influence on the impairment of the services in the event of excessive use and if the load index is too high. In these cases, the Customer will in particular be unable to start surveys and will receive a corresponding notification. The Customer is not entitled to any specific performance or functionality, in particular not to an availability of 99%, if the load index is too high or if there is excessive utilisation at the same time. § 7 Usage authorisation 7.1 Authorisation to use paid services 7.1.1 The customer shall acquire the non-exclusive, non-sublicensable, and non-transferable right to use the paid services in accordance with the Contract. In this respect, the right of use is limited to the term of the Contract. A transfer of this right to third parties (assignment/assumption of Contract) is excluded, whereby this does not apply to consumer Contracts. 7.1.2 The Customer authorises the Provider to access the uploaded content for the provision of the services available under LimeSurvey Cloud for a specific purpose in the interests of the Customer for the purposes of support, maintenance and billing, and to back up the uploaded content. In addition, the Provider is entitled to use anonymised Customer data to create cumulative anonymous analyses of usage behaviour for the purposes of product development and market research. The Provider shall not receive any further rights with regard to content supplied by the Customer 7.1.3 The Customer's user authorisation expires completely at the end of the Contract. The Customer's content is neither backed up nor is there any entitlement to the surrender or other transfer of the content supplied by the Customer, unless required by law. The Customer can back up its data itself at any time until the end of the Contract. The agreement on order processing remains unaffected. 7.2 Authorisation to use paid LimeSurvey extensions 7.2.1 For LimeSurvey Extensions, notwithstanding the previous sections of this § 7, the information on the licence in the context of the respective LimeSurvey Extension and, subordinately and additionally, the following shall apply: 7.2.2 When ordering the GPL LimeSurvey Extension, the Customer shall receive a copy of this LimeSurvey Extension, including the source code, after full payment of the agreed fee for the provision of the LimeSurvey Extension, including any LimeSurvey Extension update/support package. In this respect, the licence terms of the GNU General Public License, Version 2, (GPL), which are included with the LimeSurvey Extension, apply. 7.2.3 The following applies to the purchase of a permanent standard licence: (1) Upon full payment for the LimeSurvey extension, the Customer shall receive a non-exclusive, perpetual right to use the LimeSurvey extension as intended in the LimeStore to the extent specified. If a support package is ordered, the rights specified here shall also apply to any updates during the support period. The LimeSurvey extension may only be used by the Customer in its installations in the number of licences purchased. The authorised use includes the installation of the contractual software, loading into the working memory, and the Customer's intended use. Under no circumstances does the Customer have the right to lease or otherwise sub-licence the purchased LimeSurvey Extension, to reproduce it or make it accessible to the public by wire or wireless means or to make it available to third parties for a fee or free of charge, e.g., via application service provision or as "software as a service". Paragraph (4) remains unaffected. (2) The Customer is authorised to make a backup copy if this is necessary to secure future use. The Customer shall visibly affix the note "Backup copy" and a copyright notice from the manufacturer to the backup copy that has been made. (3) The Customer is only authorised to decompile and reproduce the contractual software if this is permitted by law. However, this only applies on condition that the Provider has not made the necessary information available to the Customer on request within a reasonable period of time. (4) The Customer is entitled to permanently transfer the purchased copy of the contractual software to a third party, subject to the licence terms specified in the LimeStore and in these GTCs. In that case, the Customer shall first inform the Provider of this in writing, give up the use of the programme completely, remove all installed copies of the programme from its computers and delete all copies on other data carriers or submit them to the Provider, unless it is legally obliged to retain them for a longer period. At the Provider's request, the Customer shall confirm in writing that the aforementioned measures have been carried out in full and submit corresponding evidence. Furthermore, the Customer shall expressly agree with the third party to comply with these GTCs. In the event of a dispute, the Customer shall be obliged to provide evidence of all the requirements of this paragraph (4). (5) If the Customer uses the contractual software to an extent that exceeds the acquired rights of use qualitatively (with regard to the type of use permitted) or quantitatively (with regard to the number of licences acquired), the Customer shall immediately acquire the rights of use necessary for the permitted use. If the Customer fails to do so, the Provider shall assert the rights to which it is entitled. (6) Copyright notices, serial numbers and other features serving to identify the programme may not be removed from the LimeSurvey Extension or changed. 7.2.4 If a temporary standard licence is purchased, the content of the aforementioned Section 7.2.3 shall apply accordingly, with the proviso that the right of use is limited to the term and Section 7.2.3 (4) shall not apply. Furthermore, in the event of a breach of the authorisation of use, all granted rights of use shall immediately become invalid and automatically revert to the Provider. In this case, the Customer must immediately and completely cease using the software, delete all copies of the software installed on its systems, and delete any backup copies that have been made. The same applies after expiry of the Contract term. § 8 Warranty, responsibility 8.1 The Provider neither warrants nor is liable for the free LimeSurvey Community Edition or other free services or their functionality and availability. The Provider accepts no liability and/or warranties whatsoever for any associated damages, insofar as these are not directly related to the Provider's paid services as agreed in these GTCs. The exclusion of liability shall not apply in the event of intent or gross negligence, fraudulent intent, injury to life, limb or health or in the event of mandatory liability under the Product Liability Act (ProdHaftG). 8.2 The Provider shall only be responsible for unlawful content and messages, in particular those affecting the rights of third parties, which are posted on the Internet by Customers via the discussion forums, direct messages and chat channels on the Provider's websites if the Provider is aware of the content and it is technically and economically possible for the Provider to block this content from further access. Furthermore, the Provider accepts no liability for the accuracy and completeness of information and data provided by third parties on the Provider's website. In addition to the other contact options, the following email address is available for information about legal violations: Tato e-mailová adresa je chráněna před spamboty. Pro její zobrazení musíte mít povolen Javascript. 8.3. The following applies to GPL LimeSurvey Extensions: section 8.1 of § 8 above shall apply accordingly, unless they are provided as a service as part of LimeSurvey Cloud. 8.4. The following applies to LimeSurvey Extensions with a permanent standard licence: (1) The Provider warrants the agreed quality and that the Customer can use the contractual software without infringing the rights of third parties. The warranty for material defects shall not apply to defects that are due to the LimeSurvey Extension being used in a hardware and software environment that does not meet the requirements specified in the LimeStore or to changes and modifications that the Customer has made to the LimeSurvey Extension without being authorised to do so by law, these GTCs, or on the basis of prior written consent from the Provider. (2) If the Customer is an entrepreneur (§ 14 BGB), it must check the contractual software for obvious defects immediately upon receipt and notify the Provider of these immediately if they are present, otherwise a warranty for these defects shall be excluded. The same shall apply if such a defect becomes apparent at a later date. § 377 HGB shall apply. (3) If the Customer is an entrepreneur (§ 14 BGB), the Provider is initially entitled to subsequent fulfilment in the event of a material defect, i.e., at its own discretion to remedy the defect ("remediation") or to provide a replacement delivery. As part of the replacement delivery, the Customer shall, if necessary, accept a new version of the software, unless this leads to unreasonable impairments. In the event of defects of title, the Provider shall, at its own discretion, provide the Customer with a legally unobjectionable utilisation option for the contractual software or modify it in such a way that the rights of third parties are no longer infringed. Notwithstanding the above, any of the aforementioned actions are permitted without restriction in the event that the LimeSurvey software is made available to any participants in surveys. (4) The Provider is authorised to provide the warranty (also) on the Customer's premises. The Provider shall also fulfil its obligation to rectify defects by making updates with an automatic installation routine available for download on its homepage and by offering the Customer telephone support to solve any installation problems that may arise. (5) The Customer's right to reduce the purchase price or revoke the Contract at its discretion in the event that the repair or replacement delivery fails twice remains unaffected. There is no right of cancellation in the event of insignificant defects. If the Customer claims damages or compensation for wasted expenditure, the Provider shall be liable pursuant to § 9. (6) If the Customer is a consumer, the statutory warranty regulations shall apply without restriction. (7) With the exception of claims for damages, warranty claims due to material defects shall lapse after two years or after one year if no consumer is involved in the transaction. The limitation period begins after notification and activation of the download of the respective LimeSurvey extension. § 9 shall apply to claims for damages and claims for reimbursement of wasted expenditure. (8) If additional support/maintenance has been ordered, the period for remedying defects shall be based on the times specified therein. 8.5 The following applies to LimeSurvey Extensions with a limited standard licence: (1) The Provider warrants that the contractually agreed quality of the LimeSurvey Extension will be maintained – within the scope of the technical requirements as specified in the LimeStore – during the term of the Contract, and that no third-party rights conflict with the contractual use of the software. The Licensor shall remedy any material defects and defects of title in the leased item within a reasonable period of time within the scope of what is possible. This shall not apply to technical restrictions on the usability of the LimeSurvey Extension that are due to excessive use, as set out in § 6.4. (2) The Customer is obliged to notify the Provider in writing of any defects in the software immediately after their discovery. In the case of material defects, this shall be done by describing the time of occurrence of the defects and the more detailed circumstances. 8.6 The following applies to LimeSurvey Extension Update/Support Packages: The statutory provisions apply to LimeSurvey Extension Update/Support Packages that can be booked in the case of sections 8.3 and 8.4. § 9 Liability The Provider is liable, regardless of the legal grounds, within the framework of the statutory provisions only in accordance with the following provisions: The Provider is liable without limitation for damages resulting from injury to life, limb or health, in the event of fraudulent behaviour, and in the event of intent or gross negligence. The Provider shall only be liable for simple negligence if essential contractual obligations (cardinal obligations), the fulfilment of which is essential for the proper execution of the Contract and on the observance of which the Contractual Partner regularly relies and may rely, are violated. Liability is limited to the foreseeable damage typical of the Contract. These claims shall expire 12 months after they arise. However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g., under the Product Liability Act (ProdHaftG)) or liability under a no-fault guarantee. The limitations or exclusions of liability also apply to the personal liability of the Provider's employees, workers, representatives, corporate bodies and vicarious agents. Section 8.1 remains unaffected. § 10 Data protection 10.1 The Customer is hereby advised that upon registration or use of the services, all data recorded by the Customer on the Provider's website will be stored and processed in accordance with the legally applicable provisions, insofar as this is necessary for the fulfilment of the contractual relationship. 10.2 The Customer is informed about the type, scope, location and purpose of the collection, processing and use of the personal data required for the performance of services in the data protection information available on the Provider's website. 10.3 When using the Provider's services, the Customer warrants, among other things, compliance with the provisions of data protection law, so that in particular the consent of participants in surveys must be obtained if necessary and they must be adequately informed about the processing of their personal data. 10.4 For the processing of personal data on behalf of the Customer by the Provider, the Parties shall conclude an agreement on order processing pursuant to Article 28 GDPR by electronic means, which is the subject of the respective existing Contract as an annex. The Provider shall be entitled to remuneration from the Customer for the provision of support services in data protection (e.g., in responding to enquiries from data subjects) and for carrying out on-site inspections of the Customer at the Provider's premises. In the case of support services, this only applies if the Customer could perform the implementation of data subject rights independently, but transfers such implementation to the Provider. In the case of on-site inspections, this only shall only apply if these are not necessary to safeguard the Customer's statutory inspection rights. Remuneration is based on time and effort at EUR 120 net per hour or part thereof. § 11 Proprietary rights of the Provider The Customer recognises that all trademark and other property rights to the LimeSurvey Cloud offering and all of its trademarks belong exclusively to the Provider and may not be used without the Provider's prior written consent. Nor may any software from the offering be copied, decompiled or otherwise modified unless the Provider expressly agrees to this, it is otherwise regulated in § 8, or the respective usage action is permitted by copyright law. § 12 Right of revocation 12.1 Right of revocation for paid services If you are a consumer within the meaning of § 13 of the Civil Code (BGB) (i.e., a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of revocation pursuant to the statutory provisions. REVOCATION INFORMATION You have the right to revoke this Contract within fourteen days without giving any reason. The revocation period is fourteen days starting from the date of Contract conclusion. In order to exercise your right of revocation, you must inform us – LimeSurvey GmbH, Papenreye 63, 22453 Hamburg, Tato e-mailová adresa je chráněna před spamboty. Pro její zobrazení musíte mít povolen Javascript. – of your decision to revoke this Contract via a clear declaration (e.g., a letter sent by post or email). You can use the sample revocation form attached to these GTCs, but that is not mandatory. To meet the revocation deadline, it is sufficient for you to send your notification of exercising your right of revocation before the revocation period has expired. Consequences of revocation If you revoke this Contract, we shall reimburse you for all payments we have received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this Contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have already asked for service to begin during the period prior to your revocation, you will have to pay an appropriate amount corresponding to the service already provided up to the date on which you notified us that you were exercising your right to revocation from the present Contract, prorated to the total scope of services provided for in the Contract. 12.2 Right of revocation for paid LimeSurvey Extensions If you are a consumer within the meaning of Section § 13 BGB (i.e., a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of revocation pursuant to the statutory provisions. REVOCATION INFORMATION You have the right to revoke this Contract within fourteen days without giving any reason. The revocation period is fourteen days starting from the date of Contract conclusion. In order to exercise your right of revocation, you must inform us – LimeSurvey GmbH, Papenreye 63, 22453 Hamburg, Tato e-mailová adresa je chráněna před spamboty. Pro její zobrazení musíte mít povolen Javascript. – of your decision to revoke this Contract via a clear declaration (e.g., a letter sent by post or email). You can use the sample revocation form attached to these GTCs, but that is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notice about your intent to exercise your right of revocation before the expiry of the revocation period. Consequences of revocation If you revoke this Contract, we shall reimburse you for all payments we have received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this Contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. § 13 Amendments to the terms and conditions of the Contract 13.1 The Provider shall provide its services in accordance with the current state of the art, taking into account economically reasonable expenditure. It is authorised to adapt its services at any time with regard to the technology used. 13.2 At the time that the Customer has registered/ordered, the Provider's current GTCs apply in this respect. 13.3 With regard to ongoing contractual services, the Provider is also authorised to amend these GTCs, its services in accordance with the service description and/or these GTCs and/or other conditions with effect for the future. The Provider shall only make these changes for valid reasons, in particular due to new technical developments, changes in case law, or other equivalent reasons. If the amendment significantly disturbs the contractual balance between the Parties, the amendment shall not be undertaken. Otherwise, amendments shall require the Customer's consent (13.4), unless they are merely linguistic amendments/corrections. 13.4 The Customer shall be informed of changes to the aforementioned conditions by a notice in the LimeSurvey user account and/or by email. The notification to the Customer shall include a reasonable deadline for objecting to the amended terms and conditions. If the Customer does not object within the specified period, its consent to the amended terms and conditions shall be deemed to have been granted upon expiry of the period. The Provider shall specifically inform the Customer in the notification of the possibility of objection and the legal consequences of failure to object. § 14 General; dispute resolution pursuant to Art. 14 (1) of the Regulation on Online Dispute Resolution for Consumer Disputes (ODR-VO) 14.1 These GTCs and the entire legal relationship between the Provider and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and excluding the conflict of laws provisions. 14.2 For Contracts with merchants, legal entities under public law and special funds under public law, Hamburg is agreed as the place of fulfilment and jurisdiction. If the Customer does not have a general place of jurisdiction in Germany or if it moves its domicile or usual place of residence outside the territory of the Federal Republic of Germany after conclusion of the Contract, the place of jurisdiction shall be the registered office of the Provider. This shall also apply if the Customer's domicile or habitual residence is unknown at the time the legal proceedings are initiated. 14.3 The possible invalidity of individual provisions of these GTCs shall not affect the validity of the remaining provisions. 14.4 Online dispute resolution pursuant to Art. 14 (1) ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. ANNEX TO THE GENERAL TERMS AND CONDITIONS _____ Sample Revocation Form (If you wish to revoke the Contract, please complete and return this form). To LimeSurvey GmbH Papenreye 63 22453 Hamburg I/we (*) hereby revoke the Contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) ________________________________ Name of the consumer(s) ___________________________________ Address of the consumer(s) __________________________________________ Signature of the consumer(s) (only for notification on paper) _____________________ Date __________________________ (*) Strike through if the item is not applicable.